Davis v. Astrue

Filing 3

ORDER that the Plaintiff provide further explanation for the discrepancy within 10 days from entry of this Order. A final ruling on Plaintiffs application to proceed without the payment of fees will be held in abeyance until receipt of Plaintiffs filing. re 2 MOTION (Sealed - Participants) to Proceed in forma pauperis. Signed by District Judge Lacy Thornburg on 07/27/09. (emw)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL NO. 1:09CV270

LARRY W. DAVIS,

) ) Plaintiff, ) ) V s. ) ) MICHAEL J. ASTRUE, Commissioner ) of Social Security, ) ) Defendant. ) )

ORDER

THIS MATTER is before the Court on the Plaintiff's application to proceed in forma pauperis and supporting affidavit. According to the Plaintiff's affidavit, the sum of $50 per month is allocated to "Tax's (sic) for Land," however, no real estate is listed on the application. The Court will afford the Plaintiff an opportunity to clarify this discrepancy before making a final ruling on the Plaintiff's application. IT IS, THEREFORE, ORDERED that the Plaintiff provide further explanation for the discrepancy discussed above within 10 days from entry of this Order. A final ruling on Plaintiff's application to proceed without the payment of fees will be held in abeyance until receipt of Plaintiff's filing.

2 IT IS FURTHER ORDERED that should Plaintiff fail to provide such explanation in the time period afforded, the application will be denied summarily.
Signed: July 27, 2009